When to Fire vs Letting the EE Resign
GLC
174 Posts
We had a situation last week that I want to get some feedback on. We recently found out that one of our counselors gave one of her clients, a teenager, some sample Zoloft pills. The client was currently taking Zoloft by a Psychiatrist so our employee thought it was okay. Our ee works PT at the hospital and told us she obtained them from a representative at the hospital. This is obvious grounds for termination. Her supervisor and mgr talked to her, and she admitted that she did give the client the pills. I told them that she would have to be let go, but we would give her the opportunity to resign so she would not have on her record that she was fired. She did agree to resign. When I told my boss that I gave her the option to resign, he asked me if I thought that was wise. I have done this in the past when I believe the ee will voluntarily resign. I knew this ee would because she knew her actions were wrong. She has had major boundary issues with clients in the past. I feel this helps us in case we are sued and fighting unemployment, even though I told her supv that she would not get unemployment either way because this is considered misconduct. What do you think?
Comments
Talk about aiding and abetting.....
Not that this additional information is needed to support my feelings; but, I googled Zoloft and read the literature about it being one of the most widely prescribed medications for depression. The warnings discussed the rise in the incidence of teenage suicide cautionary alerts and the fact that (naturally) the medication comes in a variety of strengths which could affect the patients reaction to it. And of course it must be monitored closely by the prescribing physician psychiatrist.
My angst keeps rising over this. Do you also realize your facility could lose not only it's license to operate, but it's ownership might change with the proper attorneys involved.
Gene
I agree with the others, this was a lapse in good judgement. As a counselor, she jeapordized the professional relationship with her client, put the teen's health at risk, etc. This needs to be reported, as The Don said, it is a felony. She needs to lose her license. I would contact the appropriate authorities to set the record straight. Do not delay, you only increase the liability to your employer, and I would say to you as well. We make decisions all the time to help people, but you cannot cover up this person's actions.
It was not appropriate on your part to consider unemployment compensation issues when the health and life of a patient was jeopardized by this person. Please make amends by doing the right thing now.
I would contact legal council at once.
How else were we to respond to your actions but personally?? You were not talking about someone alse but about yourself.
You call it belittling and attacking. I wish I had the support and knowledge back when I made mistakes.
In HR, you have got to grow a thicker skin. We are not here to throw rocks at you. We give our opionions and sometimes they are not sofened with mediocre words.
I don't trust the remark from your attorney that you have no obligation under state law to report. Maybe they are right, but, if it were me, I would call child protective services and the state AG and be sure. The attorney works for his client, your facility. They want this thing to quickly vanish and go away entirely. The attorney is not at all interested in your reporting this to an oversight agency or investigatory board.
Good luck with this. x:-)
Someone also suggested that 'once the decision is made to discharge, I never let them resigh.' Well, if the decision is done with the benefit of all the facts, then ok. But, at least in my experience, facts have a way of changing from time to time, and I am never so sure of myself that a reconsideration might not be appropriate if something changes. Our job is to protect our employer while being as fair as possible to our ees. To me, that means that even a decision made, -but not executed - can be reviewed, and may be subject to change. Just my thoughts for consideration.
GLC: you took some hits, maybe a little rougher than necessary, but you gotta admire the passion and sincerety of the views and opinions expressed. By putting our thoughts out there, they become fair game, and we learn from our own, and others mistakes.
As I said earlier, in this and several states that I know of, any employee of a facility caring for or providing services to children or the infirm has a legal obligation to report any incident of abuse to those wards/patients/clients. People go to jail for not doing so. I do not think I would protect my employer at the cost of personal incarceration.
Your day has been Blessed as you have just written, we have confirmed what you already knew to be the right thing to have done in your particular inquiry and question of "what do you think?".
PORK